Surrogacy for OCI Card Holder

Q.1 – We are a couple of foreign origins and wish to have a baby in India through a surrogate mother. What are the rules applicable in this regard?

Ans. – Kindly refer to MHA’s circular no. 25022/74/2011-F.1(Vol. III) dated 3 Nov. 2015: (Foreign nationals [including Overseas Citizen of India (OCI) cardholders] intending to visit India for commissioning surrogacy frequently asked questions). As per this circular, no visa is currently being issued by Indian Missions/Posts to foreign nationals to visit India for commissioning surrogacy.

Q.2 – What are the surrogacy related rules applicable to OCI Cardholders?

Ans. – As per the MHA’s circular no. 25022/74/2011-F.1 (Vol. III) dated 3 November 2015, no permission is to be granted by FRROs/FROs to OCI cardholders to commission surrogacy in India. Further, no exit permission is to be granted by the FRROs/FROs to the child/children to be born through surrogacy to foreign nationals including OCI cardholders. However, for child/children born through surrogacy already commissioned on or before issue of the Circular, exit permissions are decided by FRROs/FROs on a case to case basis.